Finding out that your child experienced Hypoxic-Ischemic Encephalopathy (HIE) due to malpractice during delivery is a life-altering experience. For many families, this form of medical malpractice leads them to explore filing a lawsuit against the medical care team involved in the hopes of recovering damages to support the care their child will need for the rest of their lives. 

Your Pennsylvania pediatric medical malpractice attorney will work to get the best settlement possible, but it’s up to you and your attorney to review the settlement before you accept it. Here’s what you need to know about common HIE case settlements and what to keep in mind as you evaluate the settlement amount offered. 

How Much Can You Expect to Receive?

Every case is different. However, in the past, courts have awarded settlements of several million dollars to families who were able to show that the medical care team failed to diagnose or treat HIE in an appropriate or timely manner, resulting in significant injuries and expenses. 

Ultimately, the amount you’re likely to receive will depend on the circumstances surrounding your case. Your Pennsylvania pediatric medical malpractice attorney will help you understand what you may expect based on their experience and the types of settlements they’ve recovered in the past.

What Factors Impact Settlement Values?

The settlement amount you’re offered if your case is successful may not be the amount you expect. It all comes down to the factors surrounding your case. Here are a few of the key elements that may impact the settlement value:

• The severity of the injuries caused by the malpractice event.
• The degree of medical negligence your child’s doctor is guilty of.
• The ongoing and future medical care expenses you’re likely to face.
• The costs for home modification and other renovations necessary for your child’s quality of life. 
• The degree of physical and emotional suffering experienced.

It’s possible that you and your Pennsylvania pediatric medical malpractice attorney will be able to negotiate a settlement out of court. But if the case goes to trial, it’s up to the court to determine a fair settlement. They’ll take these factors into consideration when reaching a decision.

How to Determine if an Offer Is Fair

Since settlement offers can vary wildly, it’s important to take your time and evaluate the offer you receive before you accept it. Remember, once you accept the settlement, you waive your right to negotiate further or to appeal the decision in court. Here are a few things to consider as you evaluate the HIE settlement offer:

• Your projected medical expenses: Consider how much you’re likely to spend on future medical expenses for your child’s care. Your child’s doctor should be able to give you a rough estimate if you’re unsure. If the settlement is enough to fairly compensate for those expenses, it may be worth accepting.
• Recent settlements for cases like yours: It’s a good idea to review recent settlements for HIE cases like yours. This can give you an idea of what the court deems fair for families in similar situations. If the amounts are close, accepting the settlement may be a good choice. But if the settlement amount is lower, you may want to negotiate or take the medical care provider to court.
• Your attorney’s opinion: Your attorney likely knows what’s fair and what’s a low-ball offer. Ask for their advice when reviewing the settlement offer and consider their opinions before accepting or rejecting the offer.

Schedule a Consultation

If your child experienced HIE as a result of medical malpractice, you may be eligible to file a lawsuit against the medical care provider, the care team, or the hospital. Let the team at Latona Law help. Contact us today to schedule a free consultation and learn more about your options.